Ayers v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE JARREAU A. AYERS, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 43, 2013 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID Nos. 1012006345 and 1106014092 Submitted: June 7, 2013 Decided: June 24, 2013 Before HOLLAND, BERGER, and JACOBS, Justices ORDER This 24th day of June 2013, the Court has considered the parties briefs and the record on appeal from the Superior Court s denial of the appellant s first motion for postconviction relief. In light of this Court s recent decision in Holmes v. State1 and the Superior Court s adoption of a new rule regarding the appointment of counsel to defendants in first postconviction proceedings,2 we have determined that this matter should be remanded to the Superior Court for the appointment of counsel, amended briefing, and reconsideration of the appellant s first motion for postconviction relief. 1 Holmes v. State, 2013 WL 2297072 (Del. May. 23, 2013). 2 Del. Super. Ct. Crim. R. 61(e) (effective May 6, 2013). NOW, THEREFORE, IT IS HEREBY ORDERED that this matter is REMANDED to the Superior Court for further proceedings consistent with this Order. Jurisdiction is not retained. BY THE COURT: /s/ Carolyn Berger Justice 2
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